HomeMy WebLinkAbout1799ORDINANCE NO. /r7c77
AN ORDINANCE granting a non - exclusive franchise to
Port Angeles Telecable, Inc. to operate and
maintain a community antenna television system,
and to distribute the signals as herein pro-
vided in the City of Port Angeles.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO ORDAIN as
follows:
Section 1. Definitions. For the purpose of this ordinance,
the following terms shall have the meaning given herein. When not
inconsistent with the context, words used in the present tense in-
clude the future, words in the plural include the singular and
words in the singular include the plural. The word "shall" is al-
ways mandatory and not merely directory.
(1) "City" is the City of Port Angeles.
(2) "Company" is the grantee of rights under this fran-
chise, including its successors or assigns.
(3) "Council" is the City Council of the City of Port
Angeles.
(4) "Person" is any person, firm, partnership, associa-
tion, corporation, company or organization of any kind.
(5) "Technical facilities" or "facilities" shall mean all
real property, equipment and fixtures used by Company
in the distribution of its services through its
system, and includes but is not limited to poles,
cables, wires, microwave transmitters, antennas, ampli-
fiers, etc.
(6) "Television System Services" or "system services"
shall mean all of the services provided by Company or
available to Company to provide through its technical
facilities by the grant of this franchise, and shall
clude but not be limited to the distribution of tele-
vision and radio signals.
(7) "F.C.C." means Federal Communications Commission.
Section 2. Grant of Authority. City grants to Port
Angeles Telecable, Inc. the right and privilege to construct,
erect, operate and maintain, in, upon, along, across, above, over
and under the streets, alleys, public ways and public places now
laid out or dedicated, and all extensions thereof, and additions
thereto, in the City, poles, wires, cables, conduits and other
technical facilities necessary for the construction, maintenance
and operation in the City of a community television system for
the interception, sale and distribution of television system ser-
vices. This franchise is not exclusive, and the City reserves the
right to grant a similar use of streets, alleys, public ways and
places to any other person at any time during the period of this
franchise. Company may use City utility poles where there is no
interference with other services or cost to the City.
Section 3. Compliance with Laws, Rules and Regulations.
At all times during the term of this franchise Company shall com-
ply with all applicable laws, rules and regulations of the United
States of America, the State of Washington and the City of Port
Angeles; including all agencies and subdivisions thereof. Company
shall be subject to the lawful exercise of the police power of
City and to such reasonable regulations as City may from time to
time hereafter by resolution or ordinance provide.
Section 4. Company Liability, Indemnification of City and
Insurance.
(1) Company shall at all times conduct its operation under
this franchise, including installation, construction
or maintenance of its facilities, in a safe and work-
manlike manner so as not to present a danger to the
public or City.
(2) Company shall pay, save harmless and indemnify City
from any loss or care against City on account of or
in connection with any activity of Company in the con-
struction, operation or maintenance of its technical
facilities and system services.
(3) The franchise shall not be effective until Company se-
cures, and shall at all times be conditioned upon
Company maintaining, a comprehensive liability insur-
ance policy which shall contain the following provi-
sions:
(a) Bodily injury policy limits of $100,000 for each
person and $300,000 for each occurrence.
(b) Property damage policy limits of $300,000 per
occurrence and $300,000 in aggregate.
(c) Automobile insurance in the following amount:
Bodily injury per person $100,000
Bodily injury per occurrence $300,000
Property damage $300,000.
(d) An endorsement for completed operations coverage.
(e) A designation of City, its officers, agents and
employees, as additional insureds for liability
arising from or in connection with this franchise.
(f) A certificate evidencing insurance as described
in this ordinance shall be filed with the City
Clerk.
Section 5. System Standards. For the term of this fran-
chise, Company shall design, construct, operate and maintain its
technical facilities and provide system services as follows:
(1) Design Considerations.
(a) The system shall have the capacity for 2 -way,
non -voice return communications.
(b) The technical standards of the Federal Communi-
cations Commission, number 76.605 and all subse-
quent amendments and additions thereto shall
apply to this system. Performance tests and mea-
surements shall be made in accordance with F.C.C.
specifications in effect at the time the measure-
ments are made.
(2) Construction.
The construction shall follow the best practices of
the industry and shall be such that it will be compat-
ible with the public utility services as provided else-
where in this franchise. Installation shall conform
to Article 800 and 810 of the National Electrical Code.
(3) Operation.
Company shall provide its subscribers within the City
with good quality television reception, station selec-
tion and other system services.
(4) Maintenance.
Company shall maintain and improve the technical facil-
ities of its system according to the best accepted
practices and standards in the community antenna tele-
vision industry and according to the technical require-
ments of providing improved system services to Port
Angeles. An F.C.C. Certificate of Compliance shall be
held by the Company.
(5) Company shall not make or permit any reduction in sys-
tem station selection without prior consultation and
written approval of the Council, except as may be re-
quired by any Federal or State agency having jurisdic-
tion.
(6) Company shall make available to its subscribers all
signals, stations and system services available within
the limits of the system's technical facilities.
(7) The system shall regularly carry the following listed
channels:
KOMO - Channel 4
KING - Channel 5
KIRO - Channel 7
KVOS - Channel 12
CBOT - Channel 2
CHEK - Channel 6
CHAN - Channel 8
Public Education - Channel 9
Weather - Channel 10
Local Programming Channel
(8) Company shall carry the following listed channel in
such a manner as to produce acceptable picture and
sound:
KTNT - Channel 11
(9) Free standard connections shall be provided the City
schools and fire hall. Not more than one such free
connection shall be required for each such user.
(10) The Company may offer special or additional services
or programming and collect fees for such services only
after qppropriate hearings andrapproval by the City of
theAfees.l�
Section 6. Company Rules. Company shall have authority to
promulgate such reasonable rules and regulations governing the
conduct of its business as shall be reasonably necessary to enable
the Company to exercise its rights and perform its obligations
under this franchise, and to assure uninterrupted service to its
customers. Company rules and regulations shall be subject to the
provisions of this ordinance and any other governmental regula-
tions.
Section 7. Condition on Street Occupancy.
(1) Use.
All transmission and distribution structures, lines
and equipment erected by the Company within the City
shall be so located as to cause minimum interference
with the proper use of streets, alleys and other pub-
lic ways and places, and to cause minimum interference
with the rights or reasonable convenience of property
owners who adjoin any of the streets, alleys or public
ways or places.
(2) Restoration.
In case of any disturbance of pavements, sidewalks,
driveways or other surfacing by the Company, the City
shall be immediately notified. The City shall make
the necessary repairs which will be paid for by the
Company.
(3) Relocation.
If at any time during the period of this franchise the
City shall lawfully elect to alter, or change the grade
of, any street, alley or other public way, the Company,
upon reasonable notice by the City, shall remove and
relocate its poles, wires, cables, underground con-
duits, manholes, or other distribution facilities at
-6-
•
its own expense.
(4) Placement of Fixtures.
The Company's construction must conform to the prac-
tices of the municipal utilities, electrical, tele-
phone and others, and to be compatible with their use
of facilities and equipment. The Company's technical
facilities shall not be placed where they will inter-
fere with any other. All facilities placed in the
streets and alleys shall be placed as the City directs.
When it is necessary for the City to move the facili-
ties of or perform other services for the Company, it
shall be done at the expense of the Company.
(5) Temporary Rearrangements of Facilities.
Company shall, upon receipt of seven (7) days written
notice from anyone desiring to move a building or other
object,according to City ordinances regulating the mov',
ing of buildings, arrange to temporarily raise, lower
or otherwise move its facilities to permit the moving
of buildings or other objects if the person wishing to
move the building or other object makes a reasonable
arrangement to reimburse Company for its expenses in
rearranging its facilities.
(6) Interruption of Company Facilities.
The City reserves to itself and to each other owner of
facilities upon its poles the right to maintain said
poles and to operate their facilities thereon in such
a manner as will best enable them to fulfill their own
service requirements, and neither the City nor any
other such owner shall be liable to the Company for in-
terruption to the Company's service or for any inter-
-7-
ference with the operation of the Company's equipment
arising in any manner from the normal and nonnegligent
use of such poles and the facilities thereon by the
City and each such other owner. If the City elects to
abandon or re- locate any of its poles, the Company
shall bear the expense of re- locating its equipment.
(7) Tree Trimming.
The Company may trim trees upon or overhanging streets,
alleys, sidewalks and public places of the City so as
to prevent the branches from coming in contact with th
facilities of Company, all trimming to be done under
the supervision of the City and at the expense of the
Company.
(8) Underground.
The Company will place its facilities underground where
other utilities, which have been overhead, are under-
ground.
Section 8. Discriminatory Practices Prohibited. Company
shall make its system services available ,to all citizens of City
without discrimination and shall not give any person any prefer-
ence or advantage not available to all persons similarly situated.
Section 9. Coverage of the City and Annexed Areas Shall Be
Uniform and Complete. Appeal may be made to the City Council for
relief when extremely costly or unusual installations are required.
Section 10. Transfer of Franchise. Company shall not sell,
assign (except for security purposes), dispose of or transfer in
any manner whatsoever any interest in this franchise or in the
technical facilities used with this franchise, nor transfer or per-
mit transfer of controlling interest in Company without prior
written approval of Council.
Section 11. City Rights in Franchise.
(1) Use of System by City.
City shall have the right to use Company's technical
facilities for police and fire alarm systems or any
other City -owned facilities of any nature. City use
of Company facilities shall at all times comply with
the rules and regulations of Company, and shall not
compete or interfere with Company's use. Local pro-
gramming will be provided in accordance with F.C.C.
standards.
(2) City Supervision and Inspection.
The City shall have the right to supervise all con-
struction or installation of Company facilities
subject to the provisions of this ordinance and to
make such inspections as it shall find necessary to
insure compliance with governing laws, rules and
regulations.
(3) Termination or Abandonment of Franchise.
Upon any termination of this franchise, whether before
the expiration of the franchise or upon expiration or
by any abandonment of the frandase by Company, all
technical facilities installed or used by Company steal
be removed by Company at Company's expense and the
property upon which the technical facilities were used
restored by Company to the condition it was in before
installation or use by Company, except that City or
its designee shall have the following option after
termination:
•
•
(a) City or its designee may elect to acquire all of
Company's technical facilities inside the City
for their then fair market value.
(b) "Fair market value" shall be determined by a
broker or other person recognized as competent
in appraising CATV systems by the CATV industry ar
mutually acceptable to City and Company.
Section 12. Franchise Fee.
(1) As compensation for the franchise granted by this
ordinance, Company shall pay to City an amount equal
to three percent (3 %) of the gross receipts collected
by Company for its system services to customers
served by this franchise. Gross receipts shall mean
all amounts collected by Company from customers for
monthly service charges.
(2) The fee required by this section shall be due and pay-
able on or before the 15th day of July and January for
the preceding six months period.
(3) With each payment Company shall furnish the City
Treasurer with a written statement under oath, exe-
cuted by an officer of Company, verifying the amount
of gross receipts of Company within the City for the
period covered by Payment computed on the basis set
out in subsection (1) of this section.
(4) City's acceptance of any payments due under this sec-
tion shall not be considered a waiver by City of any
breach of this franchise.
Section 13. Review of System Standards. At least annually
(unless the annual test is waived by City), and at anytime upon
reasonable request by City, Company shall supply a qualified
electronic technician who is satisfactory to City to test the per-
formance of Company's technical facilities. These tests shall be
conducted in representative geographic areas within the City.
Tests and measurements shall be according to current F.C.C.
standards at the time the tests are made. A copy of the F.C.C.
annual report form #326 shall be supplied the'City at the same
time it is submitted to the F.C.C.
Section 14. Maximum Rate Schedule.
(1)
(a) Single family residence
one outlet
extra outlet - each
Connection Monthly
$24.50 $5.00
.50
(b) Multiple connection 20.00
each extra set 12.00
Motel
per unit, 1 - 10 each
per unit, over 10 each
Nursing Home
per set used
20.00
12.00
1.25
1.25
2.00
Home for Elderly
per set used 2.00
(c) Re- connection 5.00
(d) Schools at cost none
(e) Unwarranted Service Calls
each 5.00
(f) No charge shall be made for disconnecting service
(2) City and Company agree that the rates provided in sub-
section (1) of this section are reasonable compensation
to Company for its services and that the term "reason-
able compensation" may be hereafter defined at the
discretion of the City after a study and consideration
of the national figures for similar services as
affected by local conditions.
(3) City, either upon its own motion or upon request of
Company, may at any time during the period of this
franchise by ordinance change the rate structure if
changes are necessary in the best interest of the City
and. Company's subscribers, and are fair and reasonable
compensation to Company for services being rendered.
Section 15. Local Business Office. A local business off-
ice shall be maintained by the Company for the purpose of investi-
gation and resolution of local service complaints and to enable
the public to have convenient access to the Company. The Company
shall keep accurate books of account at this office throughout the
term of this franchise. The Company shall produce its books of
account for inspection by the City at any time during normal busi-
ness hours, and the City may audit Company books from time to time.
The Company shall file annual financial statements of the Port
Angeles operation prepared by a Certified Public Accountant with
the City Clerk. Such statements shall be submitted within 120
days of the close of the Company's year end.
Section 16. System Data. Company shall maintain at an
office in Port Angeles all current maps and other operational data
relating to its system operations in the City of Port Angeles.
City may inspect these maps and data at any time during normal
business hours.
Section 17. Permit and Inspection Fees. Nothing in this
•
ordinance shall be construed to limit the right of City to re-
quire Company to pay reasonable costs incurred by City in connec-
tion with the issuance of a permit, making an inspection, or per-
forming any other service for or in connection with Company or
its facilities, whether pursuant to this ordinance or any other
ordinance or regulation now in effect or hereafter adopted by the
City.
Section 18. Te'rminati'on' of Franchise. Upon the failure of
Company, after sixty (60) days notice and demand in writing, to
perform promptly and fully each and every term, condition or obli-
gation imposed upon it according to this ordinance, the Council
may, at its option and in its sole discretion, which discretion
shall be reasonably applied, by ordinance or resolution, terminate
this franchise.
Section 19. Remedies Not Exclusive; Waiver. All remedies
under this ordinance, including termination of franchise, are cu-
mulative, and recovery or enforcement of one is not a bar to the
recovery or enforcement of any other remedy. Remedies contained
in this ordinance, including termination of the franchise, are not
exclusive, and the City reserves the right to enforce penal pro-
visions of any ordinance and also use any remedy available at law
or in equity. Failure to enforce any provision of this ordinance
shall not be construed as a waiver of a breach of any other term,
condition or obligation of this ordinance.
Section 20. Franchise Term. This franchise is granted for
a term of ten years commencing on effective date of this ordinance
with the right to re -new it for an additonal five year period pro-
vided that the Company is in compliance with all applicable stand-
ards, such as F.C.C., and is in compliance with the terms of this
ordinance. Company shall not be in default in its performance of
•
any of the terms or conditions of this franchise, and shall be
providing good system services as determined by the system stand-
ards of Section 13.
Section 21.. Emergency Use of Facilities. City may use
Company's facilities during local emergencies for purposes of ad-
vising City's citizens in connection with the emergency.
Section 22. Acceptance' of Franchise. Within thirty (30)
days from the date of passage of this ordinance, Company shall
file with the City Clerk a written unconditional acceptance of
this franchise and all of its terms and conditions, and if they
fail to do so this ordinance shall be void and of no effect.
Section 23. Constitutionality. If any section, subsection,
sentence, clause or portion of this ordinance is for any reason
held invalid or rendered unconstitutional by any Court of compe-
tent jurisdiction, such portion shall be deemed a separate, dis-
tinct, and independent provision and such holding shall not affect
the constitutionality of the remaining portion hereof. If for any
reason the franchise fee is invalidated or amended by the act of
any Court or governmental agency, _then the highest reasonable
franchise fee allowed by such Court or other governmental agency
shall be the franchise fee charged by this ordinance.
PASSED by the City Council of the City of Port Angeles and
approved by its Mayor at a regular meeting of the Council held on
the day of �o�c/ .1973.
Attest:
J�E/2 City Clerk
Approved as to form:
C./City Atto
PUBLISHED: ? — /-- 7,3
Mayor